Possession Or Control Of A Chemical, Biological,Or Radiological Weapon in Denver Colorado

Navigating Charges of Possession Or Control Of A Chemical, Biological,Or Radiological Weapon

This page is designed to get rid of the clutter in handling Possession Or Control Of A Chemical, Biological,Or Radiological Weapon, so that you can focus on the details that matter in your case. Remember that this page is for informational purposes only. If you would like to speak with a CO Defense Attorney to address your legal issues, call 303-586-1731.

Laying the Groundwork for your Case

As soon as you are charged with a crime, you will need to take care of some details to get your case moving in the right direction. These foundational things include interviewing lawyers, hiring one, and beginning to prepare your case with the lawyer. Here are some useful articles on

Once you get through those introductory tasks, you will be ready to move onto the interesting parts of preparing your case.

So let’s get started!

Get to know the Strengths and Weaknesses of Your Case

After you have hired a CO Defense Attorney, you will need to sit down with him to talk about the strengths and weaknesses of your case. To begin this process, you should think about what the prosecutor will attempt to show in order to say that you are guilty. This will allow you to get a better idea of how you can attack the prosecutor’s case and build your own case. So to begin, you should understand that the prosecutor will need to prove certain things beyond a reasonable doubt for you to be found guilty. These things are called “elements”.

The jury will be notified of the elements through a set of instructions called “Jury Instructions.” The Jury Instructions are a set of instructions crafted by your attorney and the prosecutor that will provide the law to the jury that they must use when deciding your case. Your CO Defense Attorney will mold the jury instructions to your case, adding facts that are specific to the case and omitting unnecessary parts of the instructions.

Please find the model jury instruction for Possession Or Control Of A Chemical, Biological,Or Radiological Weapon below. These will be adapted by your CO Attorney for your case.

The elements of the crime of possession or control of a chemical, biological or radiological weapon are: 1. That the defendant, 2. in the State of Colorado, at or about the date and place charged, 3. knowingly, 4. [possessed] [controlled] [manufactured] [gave] [mailed] [sent] [caused to be sent] any chemical, biological or radiological weapon. 5. [without the affirmative defense in instruction number __________.] After considering all the evidence, if you decide the prosecution has proven each of the elements beyond a reasonable doubt, you should find the defendant guilty of [possessing] [controlling] [manufacturing] [giving] [mailing] [sending] [causing to be sent] a chemical, biological or radiological weapon. After considering all the evidence, if you decide the prosecution has failed to prove any one or more of the elements beyond a reasonable doubt, you should find the defendant not guilty of [possessing] [controlling] [manufacturing] [giving] [mailing] [sending] [causing to be sent] a chemical, biological or radiological weapon. NOTES ON USE Delete inapplicable bracketed material.

To begin the process of analyzing your case, think about your case from the perspective of the prosecutor. Think about the facts that the prosecutor will have to prove to establish each element. Next, sit down with your CO Defense Attorney and talk about some of the legal ways that you can use to counter the prosecutor’s evidence. Talk to your attorney about whether he thinks any of the prosecutor’s evidence can be kept out of court. For example, if you were illegally searched, your attorney may be able to keep the things that were found, as a result of that illegal search, out of court. Additionally, talk to your attorney about whether you have any defenses to Possession Or Control Of A Chemical, Biological,Or Radiological Weapon.

Consider Outside Factors that can Influence Your Case

Your CO Judge and Jury will form opinions well before they hear the evidence in your case. You should try to understand these opinions before you decide whether to go to trial or take a plea so that you can better assess the strengths and weaknesses of your case. Additionally, if you decide to go to trial, you can use these factors to help identify a jury that is appropriate for your case.

Crime Trends in Denver Colorado:

Trends play an important role in the way a community perceives a crime. For example, if the charges you are facing are occurring more and more often in the community, then the community may have a growing interest in pursuing those crimes.

For a Defense Attorney, a rising crime rate may signal the need to argue for different types of penalties. For example, if the prosecutor has consistently asked for jail for your charges, it may be beneficial for your attorney to use crime trends to show the prosecutor that there is a need for alternative jail sentences (such as rehab, probation, or other options). You should always talk to your criminal defense attorney to decide what the best strategy will be for your case and whether recent statistics can be used to help you.

Crime: Weapons; carrying, Possessing, etc.

Arrests:

On a broader scale, you should consider the number of arrests for charges similar to yours and all of the types of crimes that a court typically sees. This broader overview of the criminal activity in your area will give you more insight into the issues that the court is dealing with and what the main problems in the community are. If you can talk about issues that are important to the judge and the community in a way that shows your awareness for those issues and your desire not to be part of the problem, then you can put yourself in a better negotiating position with the prosecutor and the judge.

Crime

Arrests

All Offenses

10241

Murder and Non-Negligent Manslaughter

35

Forcible Rape

93

Robbery

339

Aggravated Assault

972

Burglary

681

Larceny-Theft

874

Motor Vehicle Theft

367

Arson

11

Other Assaults

1095

Forgery and Counterfeiting

110

Fraud

128

Embezzlement

24

Stolen Property; Buying, Receiving, Possessing

58

Vandalism

438

Weapons; Carrying, Possessing, etc.

217

Prostitution and Commercialized Vice

14

Sex Offense (except forcible rape and prostitution)

158

Drug Abuse Violations -Total

1570

Sale-Manufacturing-Total

518

Possession-SubTotal

1052

Gambling

2

Offenses Against the Family and Children

171

Driving Under the Influence

3

Liquor Laws

10

Drunkenness

0

Disorderly Conduct

41

Vagrancy

5

All Other Offenses (except traffic)

1169

Suspicion

0

Curfew and Loitering Law Violations

39

Runaways

1617

Violent Crime Index

1439

Property Crime Index

1933

Population and Race in Denver Cases

Listed below is data dealing with the percentage of each racial group that appears in Denver and the percentage that the racial group appears in Court. When looking at racial data, you should compare your situation to the expectations that these statistics create in Denver .

For example, if your race is seen less frequently in the criminal justice system than it is seen outside the criminal justice system, this could have an effect on your case. Likewise, if your race is seen more often in the criminal justice system than it is seen outside the criminal justice system, this could have an effect on your case.

You should talk to your CO Defense Attorney about how the racial trends in your county could effect your case. Racial trends can be used to your advantage depending on how citizens of Denver perceive race and the stereotypes of your community. It is important to have a discussion with your CO Defense Attorney about how racial perceptions and stereotypes can help or hurt your case.

White

Black

AINA

API

Percentage of Race in the Population

68.9%

10.2%

1.4%

3.5%

Percentage of Crimes by Race

69.93%

28.4%

0.76%

0.92%

Education

When preparing your case for trial, you should be aware of the life experiences and educational background of your potential jurors. The way that your arguments are presented to the jury may depend on the life experiences and educational background of the jury. You should have a discussion with your Colorado Criminal Lawyer about the types of arguments that you should make in your county and the way that your evidence should be presented to make sure it reaches the jury in the best light possible.

High School Graduates

College Graduates

84.0%

40.1%

How Possession Or Control Of A Chemical, Biological,Or Radiological Weapon in Denver is portrayed in the News

When you are preparing your case, it is always a good practice to know about recent news that is similar to your case. Recent news will inevitably have an influence on your jury. If your type of crime is being portrayed often, and in a negative light, this is an issue that will have to be overcome during jury selection. Likewise, if the crime is not being portrayed often, or is being portrayed in a positive light, you can use this to your advantage. Always talk to your criminal defense attorney about how recent news could effect your case.

Think like a Judge

Denver Judges

In a criminal case, the Judge plays a monumental role in ensuring that you receive a fair trial. Judicial tendencies can have negative and positive impacts on your Colorado Criminal Case. In order to better understand judicial tendencies and inform the citizens of Colorado, the State of Colorado conducts surveys on each Judge to see how the population perceives its Judges. These surveys are available to the public. You should take the time to talk to your Colorado Criminal Lawyer about your judge in particular and how his tendencies have effected previous cases so that you can prepare your arguments accordingly.

If you are interested in seeing how your Judge performed in his or her last survey, click on your Judge from the list below.

(A) Dynamite and all other forms of high explosives, including, but not limited to, water gel, slurry, military C-4 (plastic explosives), blasting agents to include nitro-carbon-nitrate, and ammonium nitrate and fuel oil mixtures, cast primers and boosters, R.D.X., P.E.T.N., electric and nonelectric blasting caps, exploding cords commonly called detonating cord or det-cord or primacord, picric acid explosives, T.N.T. and T.N.T. mixtures, and nitroglycerin and nitroglycerin mixtures;

(B) Any explosive bomb, grenade, missile, or similar device; and

(C) Any incendiary bomb or grenade, fire bomb, or similar device, including any device, except kerosene lamps, which consists of or includes a breakable container including a flammable liquid or compound and a wick composed of any material which, when ignited, is capable of igniting such flammable liquid or compound and can be carried or thrown by one individual acting alone.

(II) “Explosive or incendiary device” shall not include rifle, pistol, or shotgun ammunition, or the components for handloading rifle, pistol, or shotgun ammunition.

(b) (I) “Explosive or incendiary parts” means any substances or materials or combinations thereof which have been prepared or altered for use in the creation of an explosive or incendiary device. Such substances or materials may include, but shall not be limited to, any:

(A) Timing device, clock, or watch which has been altered in such a manner as to be used as the arming device in an explosive;

(B) Pipe, end caps, or metal tubing which has been prepared for a pipe bomb;

(C) Mechanical timers, mechanical triggers, chemical time delays, electronic time delays, or commercially made or improvised items which, when used singly or in combination, may be used in the construction of a timing delay mechanism, booby trap, or activating mechanism for any explosive or incendiary device.

(II) “Explosive or incendiary parts” shall not include rifle, pistol, or shotgun ammunition, or the components for handloading rifle, pistol, or shotgun ammunition, or any signaling device customarily used in operation of railroad equipment.

(2) Any person who knowingly possesses, controls, manufactures, gives, mails, sends, or causes to be sent an explosive or incendiary device commits a class 4 felony.

(2.5) Any person who knowingly possesses, controls, manufacturers, gives, mails, sends, or causes to be sent a chemical, biological, or radiological weapon commits a class 3 felony.

(3) Subsection (2) of this section shall not apply to the following persons:

(a) A peace officer while acting in his official capacity transporting or otherwise handling explosives or incendiary devices;

(b) A member of the armed forces of the United States or Colorado National Guard while acting in his official capacity;

(c) An authorized employee of the office of active and inactive mines in the division of reclamation, mining, and safety while acting within the scope of his or her employment;

(d) A person possessing a valid permit issued under the provisions of article 7 of title 9, C.R.S., or an employee of such permittee acting within the scope of his employment;

(e) A person who is exempt from the necessity of possessing a permit under the provisions of section 9-7-106 (5), C.R.S., or an employee of such exempt person acting within the scope of his employment;

(f) A person or entity authorized to use chemical, biological, or radiological materials in their lawful business operations while using the chemical, biological, or radiological materials in the course of legitimate business activities. Authorized users shall include clinical, environmental, veterinary, agricultural, public health, or radiological laboratories and entities otherwise licensed to possess radiological materials.

(4) Any person who knowingly uses or causes to be used or gives, mails, sends, or causes to be sent an explosive or incendiary device or a chemical, biological, or radiological weapon or materials in the commission of or in an attempt to commit a felony commits a class 2 felony.

(5) Any person who removes or causes to be removed or carries away any explosive or incendiary device from the premises where said explosive or incendiary device is kept by the lawful user, vendor, transporter, or manufacturer thereof, without the consent or direction of the lawful possessor, commits a class 4 felony. A person convicted of this offense shall be subjected to a mandatory minimum sentence of two years in the department of corrections.

(5.5) Any person who removes or causes to be removed or carries away any chemical, biological, or radiological weapon from the premises where said chemical, biological, or radiological weapon is kept by the lawful user, vendor, transporter, or manufacturer thereof, without the consent or direction of the lawful possessor, commits a class 3 felony. A person convicted of this offense shall be subject to a mandatory minimum sentence of four years in the department of corrections.

(6) Any person who possesses any explosive or incendiary parts commits a class 4 felony.

(7) Any person who manufactures or possesses or who gives, mails, sends, or causes to be sent any false, facsimile, or hoax explosive or incendiary device or chemical, biological, or radiological weapon to another person or places any such purported explosive or incendiary device or chemical, biological, or radiological weapon in or upon any real or personal property commits a class 5 felony.

(8) Any person possessing a valid permit issued under the provisions of article 7 of title 9, C.R.S., or an employee of such permittee acting within the scope of his employment, who knowingly dispenses, distributes, or sells explosive or incendiary devices to a person who is not authorized to possess or control such explosive or incendiary device commits a class 4 felony.

Case Law

When you look at the Statute, you may have questions about definitions of certain words or how the Denver Court will interpret certain phrases. To answer these questions, Defense Attorney turn to "case law." That is, lawyer’s look at previous cases to determine how these words and phrases should be defined and interpreted. The best way to locate caselaw for free is to go to google scholar and search for legal opinions involving your charges from Colorado courts. Remember to talk to your attorney about any issues in your case and how the lawyer believes that the issues should be handled.

Colorado Penalties for Possession Or Control Of A Chemical, Biological,Or Radiological Weapon

Penalties

The charge of Possession Or Control Of A Chemical, Biological,Or Radiological Weapon, is categorized as a:

F3

Important Notes:

Don’t Forget about Immigration:

If you are not a U.S. citizen, be sure to ask your attorney whether your charges will trigger deportation if you are found guilty or plea to the charge.

The information in this post is for informational purposes only and should not be construed as legal advice or as the creation of an attorney-client relationship. For legal advice, please contact an Attorney.

Nathaniel has worked in criminal law on both sides of the aisle spending time working for the prosecution as well as the defense. Most recently Nathaniel has represented individuals in violent felonies and drug cases. Prior to this work, Nathaniel handled DWIs, Domestic Violence Cases, Property Crimes, and White Collar Crimes. On the prosecutorial side, Nathaniel has most notably worked in Bosnia helping to prosecute individuals who committed war crimes and crimes against humanity in the Bosnian War from 1993-1995. In particular, Nathaniel helped in the prosecution of military leaders who arranged for the organized murders and rapes of innocent civilians in various towns in Bosnia. Nathaniel is a graduate of the University of Texas School of Law, Northwestern University, and Phillips Exeter Academy.
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